Significance Behind Prophet ... Date Added: 10-11-2019

Prophet Mohammad (PBUH): ... Date Added: 07-11-2019

The Four Schools of Islamic ... Date Added: 30-09-2019

The Culture of Building Date Added: 03-02-2019

The General Iftaa` ... Date Added: 25-10-2020

Prophet Mohammad (PBUH) ... Date Added: 24-09-2020

Statement on the so-Called ... Date Added: 30-01-2020

Ijtihad & Taqlid Date Added: 27-01-2020


Subject : The Driver Causing the Accident is the Guarantor

Fatwa Number : 3001

Date : 20-10-2014

Classified : Punishments

Fatwa Type : Search Fatawaa

Question :

A driver had an accident because his car was hit by a water tank-truck whose driver made a sudden turn to another lane. His car was forced to get to the other side of the road , and struck a second car. As a result , a child-in the second car-was killed and those with him were injured. Who is to pay the Diyah(blood money) of the child, taking into consideration that the traffic report held the water tank-truck driver responsible ?

The Answer :

All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad: As the traffic report-which is the legal document in such cases-only indicted the water tank truck driver, nothing is incumbent on the driver whose car was forced to get to the other side of the road because he was neither responsible for that, nor was it his choice. The rule established by the Muslim jurists is as follows: “There is no guarantee to cover a damage which isn`t possible to avoid.” According to the traffic report, the water tank-truck driver is responsible for the accident and the first car is merely a machine whose diver had no choice but to strike the other car. Here, the incitant- water tank-truck –led to : the first car damaging the second car, the death of the child in it, and the injury of the other passengers. Therefore, the person causing the accident is the guarantor because of his transgression and negligence. Resolution No.(71) for the year 1993 by the Islamic Fiqh Assembly as regards roads accidents is as follows: “ Accidents that result from driving vehicles are liable to the rulings of Jinayaat(Criminology) and Islamic Judicial System…..Exemption from liability is restricted to the following situation: C-If the accident was due to another person`s fault, or transgression, it is imperative to hold him responsible.” Accordingly, and as far as the afore-mentioned accident is concerned, the water tank-truck driver is to be held responsible, and the driver of the first car isn`t obliged to pay Diyah, or offer expiation. And Allah knows best.



Name *

E. mail Address *


Comment Title *

Comment *


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.